ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

DATE ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

02.04.2015.

Raja Hans Raj Naurang, advocate for the petitioner

Mr. Allah Bachayo Soomro Additional A.G. Sindh.

Respondent No.5 present in person.

The grievance of the petitioner is that their holy word “OM” has been used in manufacturing of sleepers under the brand/name of Easy Feet by the respondent No.5 so he has prayed that respondents No.1 to 4 be directed to take action against respondent No.5 and stop manufacturing or selling the objectionable sleepers.

To a question raised by this Court as to whether writ can be issued against respondent No.5, who is running his factory in Lahore, the learned counsel for the petitioner argued that the said manufacturer has various distributers at Hyderabad and his products are selling here. On notice the KhawajaSaad Khalid is present alongwith his counsel Mr. Agha Waqar, who has filed his Vakalatnama alongwith the statement and the personal affidavit of KhawajaSaad Khalid. In the affidavit, he clearly stated that no such act was done with any malicious or malafide intention but due to oversight a button was affixed on the sleeper which was imported from China and the respondent No.5 had no knowledge, however, as soon as this fact came into his knowledge he immediately withdrawn all the stock from the distributors of Hyderabad and other markets and also tendered apology, which was published in newspapers daily “Ibrat” and “Kawish” Hyderabad. The clippings of newspapers are also attached with the affidavit. He further states that he is proprietor of Easy Feet, which firm is manufacturing the sleepers against which this petition has been filed in this Court and he has nothing to do with any Rafique Shoe Factory but since fact of pendency of this petition came to his knowledge through distributors so he has voluntarily appeared for tendering apology and filing his affidavit. After filing of this affidavit with the firm undertaking that stock of objectionable material has been lifted from market and in future no such stock will be manufactured or distributed in the market, the learned counsel for the petitioner is satisfied and this petition is disposed of accordingly.

JUDGE